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Due process in European competition procedure: a fundamental concept or a mere formality?

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Author

Editor

  • Pascal Cardonnel
  • Allan Rosas
  • Nils Wahl

Summary, in English

Europeans have long taken a relaxed approach to due process requirements. Mere formalities should not prevent an efficient implementation of competition law, but rather be practical and foreseeable. With the Lisbon Treaty things are changing. A fair process and equality of arms based on fundamental human rights stipulations require that procedural safeguards are ensured. Recent case law development confirms that these matters are given higher priority. Changes in the institutional organization are also called for.

Department/s

Publishing year

2011

Language

English

Pages

403-421

Publication/Series

Constitutionalising the EU judicial system : essays in honour of Pernilla Lindh

Document type

Book chapter

Publisher

Hart Publishing Ltd

Topic

  • Law

Keywords

  • fair process
  • due process
  • procedural safeguards
  • competition law
  • human rights
  • equality of arms
  • processrätt
  • civil and criminal procedure

Status

Published

ISBN/ISSN/Other

  • ISBN: 9781849463362